piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Test for striking out before trial

The Court of Appeal recently held in Alpha Rocks Solicitors v Alade [2015] EWCA Civ 685 held that the court should exercise caution in the early stages of a case in striking out the entirety of a claim on the grounds that a part had been improperly or even fraudulently exaggerated.   The Court (Moore-Bick, Fulford, Vos LJJ) made reference to the draconian nature of the power and the risk... [More]

The rise in injury litigation: dodgy claims managers?

An article in the Sunday Times a few weeks ago caught my eye. This revealed the aggressive tactics employed by predatory claims farmers to ensure that as many people as possible who have been involved in accidents bring claims for damages for personal injuries. Their tactics were reported as including appealing to base greed (such as the oft-encountered line: “the money is just waiting ... [More]

Scrutiny of Medical Evidence & Physiotherapy Charges in low-value PI cases

I recently acted for an insurer in a routine low value personal injury case (to which QOCS applied) which had an unusual twist.   The claimant claimed damages for neck injuries sustained in a road traffic accident. He signed the Particulars of Claim which were vague as to the description of his injury, but which made reference to an appended medical report. The medical report was of the ... [More]

Guidance as to Litigants-in-Person, a sign of the times?

The Bar Council, Law Society and Chartered Institute of Legal Executives has produced some joint guidance for lawyers in how to conduct themselves towards a litigant-in-person. The Guide (available at http://bit.ly/1IkTPig) remind practitioners of their professional obligations and that the growing rise in unrepresented parties should be regarded as a sign of the times, rather than a sign of there... [More]

Have we started yet? Commencement of contested hearing and CFA uplifts

When a trial begins is of obvious import to any litigant where one or more party is funded by a conditional fee agreement which provides for an uplift per CPR 45.16 and 45.17. Mrs Justice Slade in a recent appeal from Master Campbell held that a contested hearing on the issue of liability had yet to commence before a subsequent settlement.   The facts of James v Ireland [2015] EWHC 1... [More]

Relief from Sanctions / Strike Out - Is it "worth a go"?

Last week the Commercial Court dealt out a salutary warning to Parties whom are seen to opportunistically attempt to take advantages of defaults by their opponents.   Mr Justice Popplewell in the case of Viridor Waste Management Ltd v Veolia ES Ltd (unreported, QBD (Comm) 22 May 2015) awarded a claimant its costs assessed on the indemnity basis in circumstances where it was held that the... [More]

Application of Procedural Rules and Litigants-in-Person

There can be little doubt that modern litigation involves the increased presence of people representing themselves in court. Particularly amongst some kindlier judges (in all courts) there could be said frequently to be a culture of benevolence towards such litigants-in-person when it comes to non-compliance with the Civil Procedure Rules and other procedural rules.   This can lead to si... [More]

Prosecution of PI Fraud

Any regular reader of the PIBlawg will be aware that I have an interest in fraudulent personal injury claims, being involved as I am in numerous cases where a vast range of fraud is alleged by Defendant parties (also see http://bit.ly/1vRcuWT; http://bit.ly/1znwXHI; http://bit.ly/1GokHKm).   In recent years there appears to have been a change in culture of insurers, who are far more prep... [More]

Changes to PD 21 of the CPR from 1 October 2014

From 1 October 2014 there will be two important changes to the Practice Direction to Part 21 of the CPR which will affect the preparation and conduct of settlement approval hearings.   In cases where the approval is sought of a settlement or compromise by or on behalf of a child or protected party before proceedings have been issued, a claimant child or protected party in a personal injur... [More]